[Introduced January 27, 2011; referred to the Committee
on Health and Human Resources then the Judiciary.]

A BILL to amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended, relating to authorizing the
Board of Optometry to promulgate a legislative rule relating
to injectable pharmaceutical agents certificates.

Be it enacted by the Legislature of West Virginia:

That article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:

The legislative rule filed in the state register on the
thirtieth day of July, two thousand ten, authorized under the
authority of section fifteen, article eight, chapter thirty, of
this code, modified by the Board of Optometry to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-third day of December,
two thousand ten, relating to the Board of Optometry (injectable
pharmaceutical agents certificate, 14 CSR 11), is authorized with
the following amendments:

On page two, by inserting a new subsection 5.6, to read as
follows:

“5.6 The licensee must present proof of hands-on supervised
clinical training of a minimum of twenty-five patients for each
type of injection and each medication where the licensee actually
gave injections to patients under supervision. A log book with
dates, medications, route of injection, name of supervising doctor
and patient identification by number for review by the Board.”;

And,

On page five, by adding a new section eleven to read as
follows: “§14-11-11. Restrictions.

11.1 A certificate holder may not establish a pharmacy in an
optometric office or sell injectable pharmaceutical agents
prescribed in treatment unless there is a licensed pharmacist on
staff or present when the prescription is filled. Nothing in this
rule shall prohibit the optometrist from charging a usual and
customary fee for performing the injection.

11.2 A certificate holder may not inject any medication
into a child under the age of 18.

11.3 An injection may not be given to a patient without
consultation with the patient's osteopathic or allopathic physician
in order to identify and minimize potential adverse reactions and
drug interactions.

11.4 Retrobulbar and Periocular injections are prohibited.

11.5 A certificate holder may not inject any of the
following drug categories:

11.5.1 Chemotherapy drugs;

11.5.2 Immunosuppressive drugs;

11.5.3 Intravenous steroids;

11.5.4 Intravenous dyes;

11.5.5 Controlled substances from Schedules II thru V;

11.5.6 Antivirals or Antifungal Agents;

11.5.7 Propofol (Diprivan);

11.5.8 Anesthesia drugs;

11.5.9 Edrophonium (Tensilon);

11.5.10 Neurotoxins;

11.5.11 Insulin or Diabetic drugs;

11.5.12 Cardiovascular drugs;

11.5.13 Dermatologic fillers;

11.5.14 Hyperosmotics;

11.5.15. Seizure drugs;

11.5.16 Hormones;

11.5.17 Antipsychotics;

11.5.18 Multiple Sclerosis drugs;

11.5.19 Blood thinners;

11.5.20 Flu shots;

11.5.21 Hepatitis Vaccines;

11.5.22 Pneumonia Vaccines;

11.5.23 Allergy drugs and testing.”.

NOTE: The purpose of this bill is to authorize the Board of
Optometry to promulgate a legislative rule relating to Injectable
Pharmaceutical Agents Certificates.

This section is new; therefore, strike-throughs and
underscoring have been omitted.